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BNS · Section 49 · Chapter IV — OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT

Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment

What this section does

Where abetment results in the actual commission of the abetted offence and no specific punishment for the abetment is provided elsewhere in the Sanhita, the abettor is punished with the same punishment as prescribed for the offence itself. The explanation clarifies that an offence is 'committed in consequence of abetment' whether it results from instigation, conspiracy, or aid.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment
Same punishment as provided for the offence abetted.
Triable by
Same court as the offence abetted
Cognizable
Depends
Bailable
Depends
Compoundable
Depends

Ingredients (what prosecution must prove)

  1. The accused abetted an offence (by instigation, conspiracy, or aid)
  2. The abetted act was actually committed in consequence of the abetment
  3. No express provision in the Sanhita separately prescribes punishment for such abetment
Old-law correspondence

Derived from IPC s.109.

Read the official text

For the binding statutory text of BNS Section 49, refer to the Gazette of India or the India Code official website.

Why this matters

BNS Section 49 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.